Legal Opinion

In re Boone

Court of Appeals for the Fourth Circuit

Decided December 3, 2002No. 02-7304PublishedCited by 1 opinion

1Per curiam

Leroy Boone petitions for a writ of mandamus. He seeks an order compelling the district court to order the government to prove the court had subject matter jurisdiction to convict him.

Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Assn., 860 F.2d 135, 138 (4th Cir.1988). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir.1987). Mandamus…

2Cases cited4 opinions

  1. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  2. In Re Diana R. Beard, (Two Cases)Court of Appeals for the Fourth Circuit · 1987
  3. In Re United Steelworkers of America, Afl-Cio-ClcCourt of Appeals for the Fourth Circuit · 1979
  4. In Re First Federal Savings And Loan Association Of DurhamCourt of Appeals for the First Circuit · 1988

3Cited by1 opinion

  1. Boone v. United States Court of Appeals for the Fourth CircuitSupreme Court of the United States · 2003

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